ARTICLE IV. - MUNICIPAL LAND TRUST
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 2-128. - Established; purpose.#
There is hereby established the town land trust (hereinafter called the "trust"), a public instrumentality. The trust shall act as a review and advisory commission relative to the acquisition of land by gift or by purchase by the town. The trust shall also have the authority, through town council authorization, to acquire, hold and manage any real property and interest therein including development rights situated in the town consisting of open, residential, agricultural, recreational, historical or littoral property, including existing and future wellfields and aquifer recharge areas, fresh and saltwater marshes, and adjoining uplands, barrier beaches, wildlife habitats, land and buildings providing access to or views of the ocean, harbors, and ponds, land or bicycling and hiking paths and for future public recreational use, and land for agricultural use or airspace thereof. With the exception of property acquired for public historical preservation or recreational purposes, the trust shall hold all property or development rights, with town council approval, solely as open space or for agricultural uses, for water purposes, for public access, or to prevent the accelerated residential or commercial development thereof, as the trustees may determine.
(Code 1970, § 2-81; Ord. of 2-3-1994)
Sec. 2-129. - Membership; appointment; requirements.#
(a)
The trust shall be administered by five trustees, all of whom shall be appointed by the mayor and approved by the town council. The trustees who are first appointed shall be designated to serve for terms of one, two, three, four and five years respectively. Thereafter, trustees shall be appointed as aforesaid for a term of office of five years, except that all vacancies occurring during a term shall be filled for the unexpired term. No more than three of the trustees shall at any one time be members of the same political party.
(b)
The trustees must be resident electors of the town and their term shall be deemed expired at the end of the appointed period, or if they cease to be residents of the town. No elected officer of the town or the state and no person who has been employed by the town may be appointed trustee for at least one year after serving in elected office or one year after leaving town employment.
(Code 1970, § 2-82; Ord. of 2-3-1994)
Sec. 2-130. - Meetings.#
The trustees, after appointment, and each year thereafter, shall appoint a chairperson, vice-chairperson, and recording secretary. All meetings shall be held in compliance with the Open Meetings Law, G.L. 1956, tit. 42, ch. 46. Meeting minutes shall be submitted to the mayor for distribution to the town council and other interested persons.
(Code 1970, § 2-83; Ord. of 2-3-1994)
Sec. 2-131. - Rules and regulations; acquisition and review.#
The trustees shall adopt reasonable rules and regulations governing the conduct of trust affairs, including its review of any proposed land acquisitions as submitted by the town, its mayor and town council and the management of any holdings as authorized by the town council and mayor. All rules and regulations of the trust are subject to the approval of the mayor and the town council. Decisions of the trustees shall be by a majority of those present and voting, excepting any recommendations made on land acquisition, easements, rights-of-way and other uses referred to in section 2-128, which must be by a majority vote of all trustees. The trustees shall prepare and submit to the mayor and the town council an annual report on the activities of the trust as well as any periodic reports that may be requested by the mayor and the town council concerning particular acquisitions or holdings.
(Code 1970, § 2-84; Ord. of 2-3-1994)
Sec. 2-132. - Powers and duties.#
The trust shall have the power to do the following: (1)
Evaluate and investigate any proposed land acquisitions by the town, for the purpose of determining whether or not problems of any nature whatsoever exist, including, but not limited to, environmental violations or potential environmental hazards, which problems would adversely affect the town upon acceptance of such real estate;
(2)
Upon approval of the mayor and town council, purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real property, including development rights as defined in G.L. 1956, § 42-82-2, or any interest in real property consistent with purposes of this article, including other development rights of any kind whatsoever;
(3)
Accept gifts, grants or loans of funds or services from any source, upon approval by the mayor and town council, and comply, subject to the provisions of this article, with any terms and conditions thereof;
(4)
Accept from state and/or federal agencies, upon approval of the mayor and town council, loans or grants for use in carrying out the trust's purposes and enter into agreements with such agencies respecting such loans or grants;
(5)
Administer and manage land and interests in land held by the town, at the direction and authorization of the town council and mayor, in a manner which allows public use and enjoyment consistent with the natural and scenic resources thereof, including conveyance of any such land or interests in land to and contracts with nonprofit organizations, provided such land shall continue to be used in a manner consistent with the purposes of this article and with the terms of any grant or device by which such land was acquired by the town;
(6)
The trustees shall prepare and submit to the mayor and the town council annual budget requests in the same manner as town departments do under applicable Charter provisions, which funds shall be paid by the town finance director in accordance with the accepted accountant procedures that are in place in the town at that time;
(7)
Employ counsel, auditors, engineers, appraisers, private consultants, advisors, secretaries or other personnel needed to perform its duties, upon authorization by the mayor and the town council;
(8)
The trust is authorized to incur debt, if authorized by the town council, and then only after authorization in each by a vote of the municipal budget or special appropriation process used by the town. The trust shall be obligated to pay debt service on all such debts to the extent funds are available and to reimburse the town for any town funds expended to pay such debt service;
(9)
Recommend the disposition of property owned or acquired by the town and to dispose by sale or otherwise, upon authorization of the mayor and town council, and only after approval by a financial town meeting, of all or any portion of the real estate managed by it, when, in the opinion of the trustees and upon recommendation by the trustees to the town council and mayor, such land or properties have become unsuitable or have ceased to be used for the purposes set forth in this article, or unless the best interests of the trust shall be served by such sale or other disposition. Such recommendation for disposition or sale shall be made only by a vote of the trustees in which at least four members vote in favor of such a disposition or sale, and further, only after having been approved by the mayor and town council;
(10)
Otherwise to do all things necessary for the performance of its duties, the fulfillment of its obligations and the conduct of its business as may be authorized from time to time by the mayor and town council.
(Code 1970, § 2-85; Ord. of 2-3-1994)